Gym and health club contracts are notoriously stringent and difficult to break, and have often been the subject of class action lawsuits and other litigation. But like other properly-executed contracts, gym and health club contracts are generally enforceable unless they are unconscionable as a matter of law (this is rare) or include provisions that are prohibited by law. Most states have specific laws (statutes) that limit the terms that may be included in gym and health club contracts—and if such a contract does not comply with the state’s laws, it is likely void and unenforceable—at least in part.

In Nebraska, gym and health club contracts are regulated under the Health Spa Services Contract Act, Neb. Rev. Stat. §§ 87-401 to 87-410. This Act sets forth specific requirements and limitations for health club contracts to protect consumers. For instance, contracts must not exceed three years in length and must include a three-day right to cancel after signing. Additionally, the Act requires health clubs to maintain a bond or other financial security to cover refunds in case the club closes or fails to open. If a gym or health club contract violates these provisions, it may be considered void and unenforceable. However, if the contract is compliant with the Act and other applicable laws, it is generally enforceable unless it is found to be unconscionable, which is a high legal threshold to meet. Consumers who believe their gym contract is unfair or illegal should consult with an attorney to understand their rights and options under Nebraska law.